alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF APPEALS OF IOWA No. 17

- 1057 Filed May 2, 2018

STATE OF IOWA, Plaintiff

- Appellee,

vs. NATHAN M. GOAD , Defendant

- Appellant.

________________________________________________________________ Appeal from the Iowa District Court for Linn County, Ian K. Thornhill , Judge.

Defendant challenges his sentence for burglary in the third degree.
AFFIRMED.

Mark C. Smith , State Appellate Defender, and Vidhya K. Reddy , Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, and Thomas J. Ogden , Assistant Attorney General, for appellee.

Considered by Danilson, C.J., and Mullins and McDonald, JJ.2

M CDONALD, Judge. Nathan Goad pleaded guilty to burglary in the third degree, in violation of Iowa Code sections 713.1 and 713.6A (2016), and was sentenced to an indeterminate term of incarceration not to exceed five years. Goad challenges his sentence in this appeal, contending the district court considered an impermissible factor in imposing sentence. Specifically, the district court considered unproved criminal conduct. The district court's sentence is cloaked with a strong presumption in its favor, and we will not reverse its sentence absent an abuse of discretion

. See State v. Formaro , 638 N.W.2d 720, 724 (Iowa 2002)

. We afford the strong presumption of regularity to the sentencing court due to the great confidence we place in our judges to exerci se their discretion appropriately. See State v. Sailer , 587 N.W.2d 756, 764 (Iowa 1998)

. When a defendant challenges a sentence on the ground the district court considered unproved criminal conduct, “the issue presented is simply one of the sufficiency of the record to establish the matters relied on. ” State v. Grandberry , 619 N.W.2d 399, 401 (Iowa 2000). Goad’s contention the district court relied on unproved criminal conduct is without merit. At sentencing, the district court stated it took into co nsideration Goad’s criminal history, including his “controlled substance offense in 2014.” Goad contends this was impermissible because he was convicted of possession of drug paraphernalia and not a controlled substances offense. We disagree. The
posses sion of drug paraphernalia is a controlled substance offense. Iow a code section 124.414 criminalizes the use of drug paraphernalia, which is defined as “all equipment, products, or materials of any kind used or attempted to be used in3

combination with a c ontrolled substance.” By its terms, the unlawful possession of paraphernalia involves the possession of an item to be used with a controlled substance. The offense is codified at chapter 124 of the Iowa Code, “ Controlled Substances,” Division IV, “Offen ses and Penalties.” The district court did not rely on unproved criminal conduct in imposing sentence. We affirm Goad’s sentence. AFFIRMED.
#### NEW YORK CREDIT MEN'S ASSOCIATION, Appellee, v. Jack HASENBERG, Appellant.

No. 55.

Circuit Court of Appeals, Second Circuit.

Oct. 30, 1939.

Wegman & Climenko, of New York City (Jesse Climenko, of New York City, of counsel), for appellant.

J. Jacob Hahn and Hahn & Golin, all of New York City, for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

PER CURIAM.

Order, 26 F.Supp. 877, affirmed.
July 9, 2015 

Mr. Jeff Carr 

5708 Pyrite Circle 

Ft.Mill, SC 29708 

Dear Mr. Carr: 

This letter is to inform you that we are unable to process your request for an exemption from 

Title 14, Code of Federal Regulations (14 CFR). It explains why we can not process your 

request and what you should do in the next 30 days. 

Why We Can Not Process Your Request 

We entered your July 1st 2015, exemption request into the public docket (No. FAA-2015-

2655), but we are unable to process your request any further. The information you sent does 

not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request 

any further, you must send us all of the following: 

 The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief. 

 The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption. 

 Any additional information, views, or arguments available to support your request. 
2 

What You Should Do 

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption. 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 

Sincerely, 

/s/ 

Brittany Newton 

Program Analyst, Airmen and 

 Airport Rules Division

Enclosure
<TABLE> <S> <C>

<ARTICLE> OPUR1
<CIK> 0000018651
<NAME> CENTRAL ILLINOIS LIGHT COMPANY
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      871,980
<OTHER-PROPERTY-AND-INVEST>                      3,681
<TOTAL-CURRENT-ASSETS>                         133,987
<TOTAL-DEFERRED-CHARGES>                        26,521
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               1,036,169
<COMMON>                                       185,661
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            136,629
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 322,290
<PREFERRED-MANDATORY>                           22,000
<PREFERRED>                                     44,120
<LONG-TERM-DEBT-NET>                           278,439
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                   9,900
<LONG-TERM-DEBT-CURRENT-PORT>                   20,000
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                      2,621
<LEASES-CURRENT>                                   404
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 336,395
<TOT-CAPITALIZATION-AND-LIAB>                1,036,169
<GROSS-OPERATING-REVENUE>                      518,555
<INCOME-TAX-EXPENSE>                            26,548
<OTHER-OPERATING-EXPENSES>                     422,329
<TOTAL-OPERATING-EXPENSES>                     448,877
<OPERATING-INCOME-LOSS>                         69,678
<OTHER-INCOME-NET>                               (422)
<INCOME-BEFORE-INTEREST-EXPEN>                  69,236
<TOTAL-INTEREST-EXPENSE>                        24,108
<NET-INCOME>                                    45,128
<PREFERRED-STOCK-DIVIDENDS>                      3,188
<EARNINGS-AVAILABLE-FOR-COMM>                   41,940
<COMMON-STOCK-DIVIDENDS>                        46,121
<TOTAL-INTEREST-ON-BONDS>                       21,012
<CASH-FLOW-OPERATIONS>                         111,816
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Castro v. State

17024

9/17/96

Affirmed, Reversed, Vacated and Remanded
Re: D-1-DC-13-300082, State vs. Juan Leal, Jr.

Dear Mr. Kyle,

The reporter’s record in this case was due to be fi led in the 3 rd COA on May 11, 2015. I have actually completed the record with the exception of a few details, but I’m in a trial currently, so I would respectfully ask for a 30-day extension to al low me time to complete the reporter’s record in this case; however, I have full confidence that I can complete it as soon as this trial, which is expected to be Wednesday 20th.

Sincerely, Angela Chambers

299 th District Court
20336

#### State v. Kakalia

Affirmed
304(m) CBI REPLACEMENT PAGE

EPA-HQ-OW-2008-0517

DCN:_____10034

___________________________

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT

CONTAINS CONFIDENTIAL BUSINESS INFORMATION

(CBI) PER 40 CFR PART 2, SUBPART B.
1Former Chief Judge Henry Politz, who authored the panel opinion

of this Court which was taken up on Writ of Certiorari to the

Supreme Court, passed away while this appeal was pending in the

Supreme Court. Therefore this Order is entered by a quorum of the

original panel on remand to this Court.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 00-40304

THOMAS LAMAR BEAN,

Petitioner-Appellee,

VERSUS

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS;

UNITED STATES OF AMERICA,

Respondents-Appellants.

Appeal from the United States District Court

for the Eastern District of Texas

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

February 19, 2003

Before DeMOSS and STEWART, Circuit Judges.1

PER CURIAM:

On Writ of Certiorari to the United States Court of Appeals

for the Fifth Circuit, the United States Supreme Court by an

Opinion entered December 10, 2002, in appeal No. 01-704, 537 U.S.

_____ held that the federal district court did not have authority
under 18 U.S.C. §925(c) to grant any relief in favor of Respondent,

Bean; and therefore reversed the decision of this Court which had

affirmed the action of the district court. Accordingly, we vacate

the prior decision of this Court (253 F.3d 234) and remand this

appeal to the district court for entry of an order dismissing

Bean’s claims for lack of jurisdiction.
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CERTIFICATION OF CHIEF FINANCIAL OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  Robert A. Bourne,  the  President and Treasurer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund XI, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the  Securities  and Exchange  Commission  of the  Partnership's  Quarterly
Report on Form 10-Q for the period  ending  June 30,  2004 (the  "Report").  The
undersigned hereby certifies that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

(2) the  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and results of operations of the Partnership.

Date:  August 9, 2004                /s/ Robert A. Bourne
                                    --------------------------------------------
                                     Name:  Robert A. Bourne
                                     Title: President and Treasurer

                                    A signed original of this written  statement
                                    required by Section 906 has been provided to
                                    CNL  Income  Fund  XI,  Ltd.   and  will  be
                                    retained  by CNL Income  Fund XI,  Ltd.  and
                                    furnished  to the  Securities  and  Exchange
                                    Commission or its staff upon request.
#### Milton Pilalas *&*Co., Plaintiff, *v.*First National City Bank of New York, Defendant and Third-Party Plaintiff. Cukobirlek, Cukurova Pamuk Tarim Satis Kooperatifleri Birligi et al., Third-Party Defendants.

Supreme Court, Special Term, New York County,

April 2, 1959.

*Schur, Handler & Jaffin (Jerome Handler*and *Herbert Feiler*of counsel), for plaintiff.

*Shearman, Sterling $ Wright*for interpleading plaintiff.

*Lester M. Levin*for interpleaded defendants.

Saul S. Streit, J.

The .third-party defendants move for dismissal of the complaint for insufficiency. The action rests in part on a document of escrow deposit as follows:

> ‘ ‘ With reference to your letter of October 2, 1958 to Swiss Credit Bank, New York, N. Y., the above reference, we enclose our certified check in the amount of $7,238.63, representing 10% of the value of the merchandise to be delivered under the Letter Credit CCF 06053.

> *“ We*certify that the beneficiary of this Letter of Credit will ship the balance of the merchandise not later than November 30, 1958 in one or several lots. In the event that this undertaking is not respected by them, we hereby authorize you to pay this 10% or $7,238.63 to the principal as indemnity. If the balance of the merchandise is shipped not later than November 30, 1958 you will please return this $7,238.63 to us.”

Actually, it was given, as appears, as security for the performance of an agreement and to indemnify the buyer in the event of the seller’s default. It is alleged that no shipment was *219made on or before November 30,1958 and, accordingly, it would follow from the language of the document that the security is lost and is to be turned over to the principal as indemnity. It is further alleged, however, that the agreement between the buyer and seller required that the shipment be made on a vessel to be designated by the buyer, the latter failed and refused to designate, and thereby prevented performance by the seller. For the purpose of pleading, the escrow arrangement must be construed as surety for performance and requires further investigation as to meaning and the application thereof to the underlying transaction. It is alleged, in addition, that the buyer is a resident of Turkey, has no place of business or agency in New York, and is not subject to service of process here.

The motion is denied.
Exhibit




















Ninth AMENDMENT TO THE
GPI SAVINGS PLAN
(As Amended and Restated Effective January 1, 2015)


WHEREAS, Graphic Packaging International, LLC (the “Company”) maintains for the benefit of its employees the GPI Savings Plan (the “Plan”); and


WHEREAS, Section 13.1 of the Plan authorizes the Board of Directors of Graphic Packaging Holding Company (the “Board”) to amend the Plan at any time; and


WHEREAS, the Board has delegated to the Retirement Committee of Graphic Packaging International, Inc. (the “Retirement Committee”) the responsibility to make certain amendments to the Plan; and


WHEREAS, the Company has agreed to acquire the assets (the “Transaction”) of PFP, LLC and PFP Dallas Converting, LLC (“the Targets”); and


WHEREAS, in connection with the Transaction, employees of the Targets will become employees of the Company effective as of the closing date of the Transaction (the “Closing Date”); and


WHEREAS, the Retirement Committee deems it desirable to amend the Plan to recognize employees’ service with the Targets for purposes of the Plan.


NOW, THEREFORE, BE IT RESOLVED, that, effective as of the Closing Date, the Plan is hereby amended as follows:


1.Subsection 1.101 of the Plan is amended by adding the following sentence to the end thereof:


“An Employee’s period of service with PFP, LLC or PFP Dallas Converting, LLC, to the extent not otherwise counted hereunder, will be taken into account in determining his or her Year of Eligibility Service, provided that such Employee was employed by PFP, LLC or PFP Dallas Converting, LLC, as of the close of business on the date immediately preceding the closing date of the acquisition of the assets of PFP, LLC or PFP Dallas Converting, LLC, by the Controlling Company.”


2.Subsection 1.102(d) of the Plan is amended by adding the following sentence to the end thereof:


“An Employee’s periods of employment with PFP, LLC or PFP Dallas Converting, LLC will be taken into account in determining his or her Years of Vesting Service, provided that such Employee was employed by PFP, LLC or PFP Dallas Converting, LLC as of the close of business on the date immediately preceding the closing date of the acquisition of the assets of PFP, LLC or PFP Dallas Converting, LLC, by the Controlling Company.”













BE IT FURTHER RESOLVED, that the Retirement Committee has approved this Ninth Amendment to the GPI Savings Plan this 10th day of May 2018.


GRAPHIC PACKAGING INTERNATIONAL, LLC
RETIREMENT COMMITTEE MEMBERS


    
	
		
	By:
	/s/ Stephen R. Scherger

	 
	Stephen R. Scherger

	By:
	/s/ Carla J. Chaney

	 
	Carla J. Chaney

	By:      
	/s/ Brad Ankerholz

	 
	Brad Ankerholz

	By:
	/s/ Debbie Frank

	 
	Debbie Frank

	By:
	/s/ Brian A. Wilson

	 
	Brian A. Wilson
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Remote Pest Identification Program

Last Modified: 

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The Remote Pest Identification Program is coordinated through the Office of the

Deputy Administrator and provides advanced digital imaging technology and

microscopy equipment to Plant Protection and Quarantine (PPQ) identifiers and

national specialists at locations around the country. 

These tools facilitate the pest identification process by enhancing communication

between port personnel and taxonomic experts allowing for faster processing of

imported cargo at U.S. ports of entry.

Remote pest identification activities have been evolving since PPQ implemented its

first digital imaging systems in 1996. The current program focuses on the

distribution and technical support of digital imaging systems specially designed to

meet the needs of the PPQ identifier community.
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SARS-CoV-2 Projects and Studies

Last Modified: 

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APHIS and other One Health partners are conducting projects and studies to protect

our Nation's animals and people from SARS-CoV-2 and other zoonotic diseases

(those that can spread between animals and people).

Our projects and studies align with APHIS' Strategic Framework (362.4 KB) for SARSCoV-2 surveillance in animals. This includes projects and studies to understand how

SARS-CoV-2 virus behaves in different animals, how it moves between animals and

people, and what we can do to interrupt the chain of disease transmission. This will

help APHIS achieve our goal of building a national capacity to prevent or limit the

next zoonotic disease outbreak. Browse our current projects and studies below.

Study Spotlight

White-Tailed Deer and SARS-CoV-2 

Learn more about how SARS-CoV-2 impacts white-tailed deer and how APHIS is

working with States and Tribes to monitor and study wild deer populations across

the country.

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We have conducted many studies to understand if and how different animal species

are affected by SARS-CoV-2. While there are still some ongoing projects to delve

deeper into the topic, below you'll find what is already completed.

Year Title

2023 APHIS Zoonotic Coronavirus Literature Review (1.48 MB)

2023

Questions and Answers: Results of Study on SARS-CoV-2 in White-tailed Deer

(763.16 KB)

Español (754.58 KB)

Hmong (751 KB)
2022

Evaluation of Municipal Wastewater-Associated Wildlife as Potential Sources of

Mutations of SARS-CoV-2

2022

Susceptibility of wild canids to severe acute respiratory syndrome coronavirus

2 (SARS-CoV-2)

2021 SARS-CoV-2 exposure in wild white-tailed deer (Odocoileus virginianus)

2021 SARS-CoV-2 exposure in escaped mink, Utah, USA

2021

An opportunistic survey reveals an unexpected coronavirus diversity hotspot

in North America

2021

Peridomestic mammal susceptibility to severe acute respiratory syndrome

coronavirus 2 infection